The Constitution of Canada
An Introduction to its Development and Law
W. P. M. Kennedy and Martin Friedland
Series : The Wynford Project
In his excellent introduction to this new edition of W.P.M. Kennedy's The Constitution of Canada: An Introduction to its Development and Law, Martin Friedland - like Kennedy a past Dean of the University of Toronto Law School - notes that after much research, he is ending where he began, finding
Kennedy to be "distinguished, engaging, and enigmatic."
Kennedy was indeed an enigmatic figure, in addition to being a brilliant historian. Emigrating to Canada from Ireland in 1913 - he was the eldest of ten children, and had run away from home at age fourteen - Kennedy made his way
teaching and researching. There were several "enigmatic" adventures along the way, as recounted by Friedland. Kennedy's skill as a teacher was legendary, and his abilities as a scholar on a range of topics including Tudor history and constitutional history were exceptional. In 1922, Kennedy's
large-canvas, ground-breaking study of the Canadian constitution was published (Kennedy was part of a wider renaissance at University of Toronto, where in 1922 two other important events took place: the discovery of insulin and the creation of the School of Graduate Studies). It was hailed as a
success from the start, called "a work of great accuracy and conspicuous fairness," "alive, human, dramatic," "an admirable and most readable book," and "a book which will rank high in the literature of political science" (respectively, the Times, the Observer, the Law Quarterly Review, and the New
Statesman). Equally well-received in Canada (Saturday Night called it "brilliant" and "a monumental work"), it became and remained a classic text in both history and law until recently.
Kennedy traces the development of Canada from the earliest days of the French explorers until 1922. The
book is comprehensive in scope, covering the seigniorial system in Quebec, colonial policy, responsible government, federation, Canada as a dominion, the distribution of legislative power, the imperial tie and federalism. Kennedy describes all the key events: the Royal Proclamation of 1763, the
Quebec Act of 1774, the Constitution Act of 1791, Lord Durham's Report of 1840, the granting of responsible government in 1848, the British North America Act 1867, and later events up to and including 1922.
Written by a scholar who had a profound knowledge of history, institution, and
legal change, this book remains one of the best and most comprehensive examples of the process of nation-making. Martin Friedland's fascinating introduction sketches out Kennedy's life and times - a time of much intellectual ferment - as well as outlining the importance of this book in the larger
context of Canadian constitutional history.
Readership : Students and scholars of Canadian history, Canadian constitutional history and Canadian legal history will be glad to have access to this newly reprinted classic work.
Reviews
- In 1922, The Times (of London, UK) called it "a work of great accuracy and conspicuous fairness"; the Observer, "alive, human, dramatic;" the Law Quarterly Review, "an admirable and most readable book;" and the New Statesman, "a book which will rank high in the literature of political
science." In Canada the Canadian Historical Review wrote that it was "a theme worthy of a Macaulay." Saturday Night called it "brilliant ... a monumental work." In the United States, the Christian Science Monitor called it "masterly" and Harold Laski wrote in the New Republic: "To say that Dr.
Kennedy has written a valuable book is to do him less than justice; he has written what is likely long to remain the standard introduction to the study of the Canadian constitution."
1. Introduction
2. The Government of New France
3. The Seigniorial System
4. The "Régime Militaire," 1759-1764
5. The Establishment of Civil Government in Quebec
6. The Civil Government of Quebec, 1764-1774
7. The Quebec Act, 1774
8. The Coming of Representative
Government
9. Representative Government in Lower Canada, 1792-1838
10. Representative Government in Upper Canada, 1792-1838
11. The Failure of Representative Government in the Canadas
12. Lord Durham and the Affairs of British North America
13. Lord Sydenham's Colonial
System
14. The Testing of Sydenham's System
15. Self-Governing or Crown Colony
16. The New Colonial Policy
17. The Failure of Responsible Government in the Canadas
18. The Growth of the Federation Idea
19. The Coming of Federation
20. The Dominion of Canada
21. The
Development of Canadian Autonomy
22. The Framework and Scheme of Government
23. The Nature of Canadian Federalism
24. The Distribution of Legislative Power
25. The Imperial Tie
Appendix: The British North America Act, 1867
Tables of Cases Cited
Index
There are no Instructor/Student Resources available at this time.
W.P.M. Kennedy's career spanned some five decades at several academic institutions, but most notably the University of Toronto. He became the first Dean (and co-founder) of the University of Toronto Law School, as well as founder of the University of Toronto Law Journal. His career was
colourful, distinguished, and varied, as detailed by Martin Friedland's introduction.
Martin Friedland CC QC FRSC is a Canadian lawyer, academic, and author. He was awarded the Molson Prize in 1994. In 2003 he was awarded the Sir John William Dawson Medal, for important contributions of
knowledge in multiple domains, by the Royal Society of Canada.
Canadian Courts - Lori Hausegger, Matthew Hennigar and Troy Riddell
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Special Features
- Kennedy was one of the University's most distinguished, engaging, and enigmatic personalities. Kennedy was first Dean of Law. His successor, Martin Friedland, the fourth Dean of Law, provides in-depth context of Kennedy's life, times, and accomplishments.
- How Canada came together as a
nation. Kennedy's wide-ranging knowledge of history, institution, and legal change produced a work that remains one of the best examples of the process of nation-making.
- Kennedy is credited with co-founding the University of Toronto Law School. He had a profound effect on the direction of social
sciences at the University of Toronto, in addition to founding the University of Toronto Law Journal.
- Martin Friedland's Introduction is a brilliant narrative of 1920s intellectual history. His introduction reflects on how institutions like the University of Toronto change in the context of the
personalities, politics, and social conditions.
- One of the first - but not the last - discussions of ongoing issues in Canadian politics. Kennedy's meditations on the age old issue of sovereignty and nationhood was one of the first clear articulations about the direction of Canada's
future.
